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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On January 25, 2018, the Defendant was sentenced to five years of imprisonment with prison labor for fraud, etc. at the District Court of Jung-gu on the ground that the said judgment became final and conclusive on April 26, 2018.
【Criminal Facts】
From 2006 to 2012, the Defendant worked as a middle and high trading intermediary in the “C”, etc. located in the used cars trading complex in Gangnam-gu, Seoul, and agreed to apply for a false loan to G employees of the victim loan company, E, as if the Defendant purchased BMW 528i, which is a loan company, in order to use the practice of directly paying the purchase price to the vehicle seller by receiving the loan from the first installment company during the middle and high trading, and to obtain the loan by taking advantage of the practice of directly paying the purchase price from the first installment company.
On August 20, 2008, the Defendant submitted documents, such as a certificate of personal seal impression, to the employees G of the victim company (“D”) on August 20, 2008, stating that “D would try to purchase BMW 528i vehicles (vehicle number H).” The Defendant borrowed KRW 20,500,000.”
However, in fact, the Defendant did not have been requested from D to trade the BM 528i vehicle, and there was no intention or ability to pay the loan received from G as the purchase price for the vehicle because the Defendant was willing to use the loan in personal repayment, etc. upon receiving the loan as above.
Accordingly, the Defendant, as seen above, by deceiving the victim company, received 20,480,000 won of vehicle loans and 430,000 won of loan fees, and 20,910,000 won in total from the employees G of the victim company to the corporate bank account (I) in the name of the Defendant.
Summary of Evidence
1. Court statement of the defendant (which is made on the fifth trial date);
1. A statement recorded on the fourth trial by the witness J; and
1. The defendant;